• Title/Summary/Keyword: Personal Information Protection Legislation

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A Study on the Effectiveness of Blockchain and Legal System and Policy Tasks for SMEs (중소기업의 블록체인 적용효과와 법제도 및 정책적 과제에 대한 융합적 연구)

  • An, Myeonggu;Park, Yongsuk
    • Journal of Convergence for Information Technology
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    • v.9 no.7
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    • pp.14-24
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    • 2019
  • It is necessary to look into multiple subjects, such as effectiveness, laws and polices of blockchain in order to easily accept blockchain technology in small and mid-sized enterprises(SME). This study analyzes the positive effects of applying the block chain to SMEs, examines the laws and policies required to apply them, and identifies the tasks. As a result, we confirmed that it can create positive effects such as optimizing supply chain management, simplifying import and export process documents, improving product quality, facilitating flow of funds, and improving transaction reliability. Also, we confirmed that it is necessary to improve the basic law of electronic transaction, electronic commerce law, electronic financial transaction law, personal information protection legislation, and needs policy supplement for platform development, education system for SMEs, transaction standardization guidelines, tax reduction policy, and block chain research and development. More extensive practical research and specific individual legal studies are needed in the future.

Foreign Key Management Server Products and the necessity of Korean Related Law and Policy (해외의 키관리서버 제품들과 우리나라의 해당 법규정 및 정책 설정의 필요성)

  • Kim, Ji Hyun
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2012.10a
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    • pp.501-504
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    • 2012
  • Personal Information Protection Law and Information Communication Network Law is administered from March, 2012 and August, 2012. It is very important to protect and manage the key well so that the third party doesn't know the key. Thus, at present, there increases an importance of Key Management Server. Key Management Server is an appliance type of hardware equipment which can securely store and manage encryption and decryption key. In this paper, we will survey on foreign key management server products and discuss about the necessities of legislation of related law and establishment of policy.

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A Study on the Algorithm Transparency Act and Right to Explanation - Focus on the Review of Algorithm Transparency Act -

  • Lee, Young-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.11
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    • pp.233-236
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    • 2021
  • Recently, the Justice Party is pushing for legislation of a bill called the Algorithm Transparency Act. The bill is a revision to the Information and Communication Network Act proposed by Rep. Ryu Ho-jung on June 25, 2021, and aims to form a separate committee under the Korea Communications Commission to ask organizations operated for profit to search algorithms and explain the principles of arrangement. Currently, Korea treats algorithms as corporate secrets and does not disclose them, while the European Union (EU) implements the Personal Information Protection Regulations (GDPR) in relation to algorithm regulations. Therefore, this study summarizes the main contents of the Algorithm Transparency Act currently proposed to the National Assembly and reviews the current status of algorithm-related laws and systems in the European Union (EU) and the improvement of algorithm transparency.

Judgement of Violation of the Protection Duty of Internet Service Provider (인터넷 서비스 제공자의 보호조치 의무 위반의 판단)

  • Kang, Juyoung;Kim, Hyunji;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.7
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    • pp.17-26
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    • 2016
  • Information spill was occurred several times in the country due to the negligence of the large internet service providers including SK Communications, Auction, KT. In order to judge the Internet Service Provider(ISP)'s liability in individual data spill caused by hacking, the violation of existing legislation or general principle of law's good faith principle has to be examined. However, based on current ISP's good faith principle, there is no objective standard for judging liability. Such uncertain range of protection action duty based on good faith principle generates complaint toward companies, therefore presentation of objective judgement range index on how to determine this range is needed. However due to the legal characteristic of above-mentioned law, it is not possible to fix the range of protection action duty and regulate it on law. In order to resolve this, rather than concerning simply on legal system level, fusion approach method is needed. Thus, this research will discuss the measure for objective standard for predicting ISP's range of protection action duty through fusion view dividing in technical, legal and administrative aspects.

Study on National Protected Health Information for Secondary Use and De-identification (의료정보의 2차 이용을 위한 국내 비식별화 대상 정보에 관한 연구)

  • Kim, Cheoljung;Yeo, Kwangsoo;Lee, Pilwoo;In, Hanjin;Moon, Byeongjoo;Song, Kyoungtaek;Yu, Khigeun;Baek, Jongil;Kim, Soonseok
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.8
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    • pp.15-23
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    • 2016
  • Recently the interest in secondary use of medical information has emerged. But the domestic legislation or guidelines, such as being able to say that already specialize in healthcare information, can be seen a 'national medical privacy guidelines'. However the guidelines have suggested that only a violation of privacy laws in the medical information, it does not defined clearly with respect to protected health information(PHI) for secondary use. In this paper, we learn the HIPAA(Health Insurance Portability and Accountability Act) Privacy Rule of the US legislation which provides a non-identifiable screen instructions for secondary utilization of medical information, domestic guidelines and other country's guidelines. comparing with the HIPAA, national medical privacy guidelines and the domestic studies, we propose a new domestic target non-identifying information suitable for the domestic field and present future research direction.

Human Rights in The Context of Digitalization. International-Legal Analysis

  • Panova, Liydmyla;Gramatskyy, Ernest;Kryvosheyina, Inha;Makoda, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.320-326
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    • 2022
  • The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.

Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

Limitations and Challenges of Game Regulatory Law and Policy in Korea (현행 게임규제정책의 한계와 과제 : 합리적인 규제를 위한 고려사항)

  • Kwon, Hun-Yeong
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.149-164
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    • 2014
  • The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

Overview of Legal Measures for Managing Workplace COVID-19 Infection Risk in Several Asia-Pacific Countries

  • Derek, Miller;Tsai, Feng-Jen;Kim, Jiwon;Tejamaya, Mila;Putri, Vilandi;Muto, Go;Reginald, Alex;Phanprasit, Wantanee;Granadillos, Nelia;Farid, Marina Bt Zainal;Capule, Carmela Q.;Lin, Yu-Wen;Park, Jihoon;Chen, Ruey-Yu;Lee, Kyong Hui;Park, Jeongim;Hashimoto, Haruo;Yoon, Chungsik;Padungtod, Chantana;Park, Dong-Uk
    • Safety and Health at Work
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    • v.12 no.4
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    • pp.530-535
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    • 2021
  • Background: Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the center of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods: We collected information on legal measures and governance from both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results: A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed.